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What a Divorce Attorney Can Do— and what you may not want them to do.

What Divorce Attorneys Can Do For You

When choosing a divorce attorney, first think about what you want that person to do for you.  If the divorce is to be amicable, the attorney must have enough experience to know the law and the likely outcomes of options to steer the case in that direction.  They also need to have enough life experience to know people and behaviors and how to work with difficult situations.  Divorcing couples don’t always display calm or rational behavior. Being able to diffuse conflict rather than inflaming disagreements can help keep the case in settlement mode.  If the case is already one of high conflict, the attorney must not only be able to steer the case in that direction but must also have…

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Assets and Debts—Getting it Right on the Sworn Financial Statement

Assets and Debts - Colorado Springs Law

The Sworn Financial Statement is one of the most important documents you will need to complete if going through a divorce or custody case. Also called a “financial affidavit”, it requires each person in the case to use the form approved by the Court and list all income, assets and debts. The Court will use the Sworn Financial Statement to determine how to divide assets and, most importantly, to determine a Party’s need for spousal maintenance or a Party’s ability to pay spousal maintenance. Completing the listing of assets and debts on the Sworn Financial Statement is easily the most labor intensive part of your divorce case. Not only do you have to think about all the assets you have,…

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Spousal Maintenance Considerations

Spousal Maintenance Considerations Colorado Springs

For any couple experiencing a divorce, spousal maintenance is an issue that must be determined.  Formerly called “alimony”, spousal maintenance is a monthly amount paid by one spouse to the other for a certain amount of time. When requested, a Court will either grant spousal maintenance, deny spousal maintenance or reserve jurisdiction over the issue if a likely future event might cause the Court to reconsider spousal maintenance. Colorado law provides specific laws and “guidelines” for a Court to award spousal maintenance. As an initial matter, at the final hearing when the divorce will be declared, a Court must determine the following: The amount of each party’s gross income; (B) The marital property apportioned to each party; (C) The financial…

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What is an Initial Status Conference?

Domestic Relations cases (divorces, custody, etc.) in Colorado all require an Initial Status Conference (“ISC”) be held shortly after the filing of the case. Each judicial district creates their own rules and procedures for the ISC. In the 4th Judicial District, which is El Paso County (Colorado Springs) and Teller County, the ISC must be held within 42 days of filing the Petition. Your attorney (or the opposing Party’s attorney if there is one) will obtain the date and time for the Initial Status Conference and communicate these to you.  It is mandatory that you attend the Initial Status Conference, so plan accordingly. Something rather surprising to discover about the Initial Status Conference is that other than having to be…

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Military Divorce—Some Issues to Consider

The Law Office of Jeanne M. Wilson & Associates, PC. Military Divorce

When a member of the armed services (we’ll call this the “military member”) gets divorced, there are some special considerations for both the military member and their spouse. When children are involved, paying particular attention to how the military lifestyle has affected them and will affect the family relationships is important. Military members can be absent for long periods of time and the demands upon them even when they are home, can be challenging for the family. The emotional and social consequences for the divorcing military member and spouse can complicate recovery from the whole unpleasant process. Knowing what to expect can help both the military member and spouse better manage the process and themselves. Financial Considerations: Spousal Maintenance: If…

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